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(영문) 수원지방법원 2020.01.30 2019고단6058
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 14 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【Criminal Power】 On March 4, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violating the Road Traffic Act.

【Criminal Facts】 The Defendant, as a person who violated the provision on the prohibition of drunk driving, was driving DK5 cars under the influence of alcohol leveling 0.076% in the section of about 5km from September 20, 2019 to the road in the Dongwon-si, Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions: References to criminal records and investigation reports (verification of suspect's previous convictions) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant, even though he had the history of punishment several times due to drunk driving, has re-driving, etc., which is disadvantageous to the defendant, while recognizing the defendant's crime and seriously reflects the fact that the defendant does not have any traffic accident, and two of the above criminal records are both criminal records of a fine, and two of them have passed for a long time since they were sentenced to a fine in 2002 and 204, there are no other criminal records except the criminal records of a drunk driving, there are some circumstances that may be somewhat taken into account in the circumstance of the so-called so-called drunk driving, the relationship between the defendant's workplace, etc. shall be considered as favorable to the defendant, and all of the other conditions of sentencing as shown in the records of this case.

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